What is the test for a jury to determine whether defendants acted maliciously in denying a plaintiff's request for copies of a copy of a police report?

MultiRegion, United States of America

The following excerpt is from Sprinkle v. Robinson, No. 2:02-cv-1563-LKK-EFB P (E.D. Cal. 2014):

To obtain punitive damages, plaintiff must establish that defendants' conduct was driven by evil motive or intent or involved a reckless or callous indifference to the constitutional rights of others." Dang v. Cross, 422 F.3d 800, 807 (9th Cir. 2005). Plaintiff argues that defendants acted maliciously in denying his request for copies. Defendants claim that the jury will likely award little or no punitive damages because they will likely consider defendants' misconduct to be "at most, a mistake arising from their good-faith attempt to apply prison procedures and regulations, and complex court rules, to Sprinkle's request for copies." ECF No. 133 at 35-36. The question is appropriate for the jury to resolve.

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